RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 June 2005
      DOCKET NUMBER:  AR20040007182


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his separation document (DD
Form 214) be corrected to include all awards to which he is entitled.

2.  The applicant states, in effect, that the following awards should be
added to the list of awards contained in Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his DD Form 214:  Combat Infantryman Badge (CIB),
Sharpshooter Qualification Badge with Rifle and Machine Gun Bars, and
Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.  He also
claims the 1969 Device should be added to his RVN Campaign Medal and that
all other awards and decorations to which he is entitled should also be
included.

3.  The applicant provides a National Personnel Records Center (NPRC) in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 14 November 1969.  The application submitted in this case
is dated 20 August 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he was inducted into the Army and
entered active duty on 16 November 1967.  He was trained in, awarded and
served in military occupational specialty (MOS) 11E (Armor Crewman), and in
MOS
11B (Infantryman).  The record shows the highest rank he attained while
serving on active duty was sergeant (SGT).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 1 May 1968 through 5 February 1969.  During his
RVN tour, he was assigned to the 1st Battalion, 12th Cavalry, 1st Cavalry
Division, performing duties in MOS 11B as a rifleman.
5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 confirms
he received “Excellent” conduct and efficiency ratings at all of his active
duty assignments.  Item 41 (Awards & Decorations) shows that he earned the
following awards during his active duty tenure:  National Defense Service
Medal (NDSM), Purple Heart (PH), Vietnam Service Medal (VSM), RVN Campaign
Medal, and Sharpshooter Qualification Badge with Rifle Bar.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any
derogatory information, or a unit commander disqualification, that would
have precluded him from receiving the Army Good Conduct Medal (AGCM).  The
MPRJ does contain a copy of 1st Cavalry Division Special Orders Number 268,
dated 24 September 1968, which awarded him the CIB.

7.  On 14 November 1969, the applicant was honorably separated after
completing a total of 1 year, 11 months and 29 days of active military
service.  Item 24 contains the following list of awards he earned while on
active duty:  NDSM, PH, VSM, RVN Campaign Medal, and Sharpshooter
Qualification Badge with Rifle Bar.

8.  The applicant provides an NPRC letter, dated 21 May 2004, which
verified his entitlement to the PH, NDSM, VSM, CIB, RVN Campaign Medal with
1960 Device, Sharpshooter Badge with Rifle Bar and RVN Gallantry Cross with
Palm Unit Citation.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on award of the VSM.  It states, in pertinent part, that a bronze
service star is authorized with this award for each campaign a member was
credited with participating in while serving in the RVN.  Table B-1
contains a list of RVN campaigns.  It shows that during his tenure in the
RVN, the applicant was credited with participating in the Vietnam
Counteroffensive Phase IV, Vietnam Counteroffensive Phase V and Vietnam
Counteroffensive Phase VI campaigns.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

11.  Paragraph 9-19 of the awards regulation contains guidance on award of
the RVN Campaign Medal.  It states, that members assigned to the RVN would
wear a 1960 Device with this award.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (1st Battalion, 12 Cavalry)
earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil
Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that all the awards and decorations he
earned were not included in the list of awards contained in his separation
document was considered and found to have partial merit.  All the awards
referred to by the applicant were supported by evidence in the record, with
the exception of the Machine Gun Bar with his Sharpshooter Qualification
Badge.  There was no
DA Form 20 entry, nor any orders or other documents on file in the MPRJ
that show he ever qualified with the machine gun.

2.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award him the first award of the AGCM, for his qualifying period of
honorable active duty service from 16 November 1967 through 14 November
1969.

3.  The applicant’s record also contains a copy of 1st Cavalry Division
Special Orders Number 268, dated 24 September 1968, which awarded him the
CIB.  Further, the record shows he was serving in MOS 11B, performing
duties as a rifleman, and was wounded in action during his RVN tour.  As a
result, it would be appropriate to add the CIB to his record and separation
document at this time.

4.  The record also confirms that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation
and 3 bronze service stars with his VSM.  Further, he is authorized to wear
the 1960 Device with his RVN Campaign Medal.  Therefore, it would also be
appropriate to add these awards to his record and DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___JNS _  ___HOF _  ___LOS_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding him the Army
Good Conduct Medal; by amending Item 24 of his DD Form 214 by deleting the
current entry and replacing it with the following entry:  “Purple Heart,
Army Good Conduct Medal, National Defense Service Medal, Vietnam Service
Medal with 3 bronze service stars, Combat Infantryman Badge, Republic of
Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation and Sharpshooter Qualification Badge with
Rifle Bar; and by providing his a corrected separation document that
includes these changes.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding the Machine Gun Bar to his Sharpshooter Qualification Badge.




            ____John N. Slone    ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007182                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/11/14                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |Grant Partial                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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